United States v. Javier Rodriguez Soto, United States of America v. Jose Francisco Valencia

Javier Rodriguez-Soto (Soto) and Jose Francisco-Valencia (Valencia) appeal their convictions for conspiracy to distribute and to possess with intent to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. § 846 . Valencia also appeals his conviction for possession with intent to distribute fifty-four kilograms of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. § 841 (a)(1). Both defendants claim an impermissible variance in the indictment. Valencia also alleges prosecutorial misconduct, a speedy trial violation, and improper exclusion of expert testimony. Finding each of these contentions to be without merit, we AFFIRM.

I.

On August 29,1991, following an undercover narcotics investigation, members of the Los Angeles Police Department seized fifty-four kilogram packages from co-defendant Guilberto Silva De La Torre’s residence. The same day, the Los Angeles County Attorney’s Office charged Valencia, Soto, De La Torre, and several others in the Los Angeles Superior Court with violations of the state narcotics laws. The state attorney’s office dismissed its charges against defendants, however, after the present…